Committee moves to annul Clyde cod closure order as scrutiny highlights scientific concerns, bycatch mortality, and socio-economic pressures
The Scottish Parliament’s Rural Affairs and Islands Committee has recommended annulling the Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2026 after weeks of evidence sessions exposed fundamental concerns over the scientific basis, proportionality and socio-economic consequences of the proposed seasonal closure.
Committee Recommends Annulment
The report confirms the Committee voted 5–4 to recommend annulling the order, which would have continued the annual closure of two designated areas of the Firth of Clyde during the spawning period from 14 February to 30 April for the years 2026, 2027 and 2028.
The order also sought to restrict fishing activity in an additional area to vessels with a valid track record, accompanied by a targeted scientific programme.
Background to the Closure
Seasonal restrictions have been in place since 2002 to protect spawning cod. From 2022, long-standing exemptions for creel vessels, Nephrops trawlers and scallop dredgers were removed, aiming to reduce disturbance and improve recovery prospects.
Despite more than two decades of closures, cod stocks in the Clyde remain critically low, with limited evidence of improvement.
Scientific Basis Under Scrutiny
Committee scrutiny focused heavily on scientific evidence, including extensive research by the University of Strathclyde. Scientists highlighted that:
- Spawning stock biomass has collapsed, with only slight recent increases.
- Cod productivity did not improve after the introduction of the spawning closure.
- Juvenile mortality is occurring before fish reach spawning age.
- Bycatch in the Nephrops fleet remains the primary driver of mortality.
Dr Robin Cook of the University of Strathclyde said: “The cod stock is in very poor shape and the analysis suggests that, if we want it to recover, we must reduce the residual fish mortality that is due to the remaining fishing activity.”
Professor Michael Heath added that closed areas “generally do not work very well” because fishing mortality is displaced elsewhere.
Industry representatives challenged aspects of the data, disputing discard estimates and highlighting gear selectivity improvements.
Government Response
The Cabinet Secretary acknowledged that spawning disturbance has not been evidenced in the Clyde but maintained that its absence “does not demonstrate that it does not occur”. The Government defended the closure as a precautionary measure pending further data.
However, the Committee’s fisheries adviser, Professor Paul Fernandes, described the approach as “a fundamental misjudgement between the diagnosed cause of stock depletion and the management response”.
Targeted Scientific Programme
The proposed targeted scientific programme attracted broad support in principle but concerns were raised over its lack of detail, scale and clarity.
The programme would gather additional data including bycatch monitoring, remote electronic monitoring on creel vessels and enhanced surveys. An annual progress report was promised.
Some scientists questioned whether the TSP would meaningfully address the central issue of bycatch-driven mortality.
Exemptions and Small Vessel Impacts
The removal of exemptions for creel vessels and small mobile gear was heavily criticised. Scientists told the Committee that no evidence shows creel activity disturbs spawning cod, with some stating the exemption could be safely reinstated.
The Scottish Government argued that uncertainty surrounding creel bycatch required further investigation.
Socio-Economic Consequences
The business and regulatory impact assessment estimated sectoral losses of £182,000 to £969,000 per year. Nephrops trawlers and creel vessels were identified as particularly exposed, with reductions in annual profits of up to 49 per cent for some operators.
Fishermen gave stark personal evidence. Fourth-generation fisherman Sean McIlwraith said: “This is not just an economic issue—it has a serious impact on my mental health… These decisions are pushing local fishermen out, not protecting the Clyde.”
Final Decision
Following all evidence, the Committee agreed to recommend annulling the Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2026, citing concerns over scientific justification, proportionality and socio-economic harm.
The final decision will rest with the Scottish Parliament.
